JUDGE DANIELS sommwasmcrornsn ox 12 CV 4129 ‘OCCUPY WALL STREET, an unincorporated COMPLAINT association by and through Christine Crowther and Diego Ibatiez, as its defacto Treasurers, AMANDA 12 Civ. No. ROSE HENK, MICHELE LEE HARDESTY, FRANCES MERCANTI-ANTHONY, JAIME, ‘TAYLOR, and ELIZABETH FAGIN JURY TRIAL DEMANDED. Plaintts -against- “THE CITY OF NEW YORK, MICHAEL. BLOOMBERG, in his official capacity 8 Mayor of the ‘City of New York, RAYMOND KELLY, in his official ‘capacity as Police Commissioner, JOHN DOHERTY, in ‘his official capacity as Sanitation Commissioner, JOHN ‘DOE and RICHARD ROE and other presently “unidentified officials, employees and/or agents of the ‘City of New York in their official and individual seapacities Defendants. x Plaintiffs OCCUPY WALL STREET (“OWS”) by and through Christine Crowther and Diego Tbatiez, as its de facto treasurers, AMANDA ROSE HENK, MICHELE LEE HARDESTY, FRANCES MERCANTI-ANTHONY, JAIME TAYLOR and ELIZABETH. FAGIN, by their atomeys, SIEGEL TEITELBAUM & EVANS, LLP, as and for their COMPLAINT against Defendants, allege the following: a sTAl 1 Thisis ‘eclarctory judgment and civil rights action to vindicate Plaintiff’ rights under the First, Fourth and Fourteenth Amendments to the Constitution oftheUnie Sates 42 US.C § 1985 end the Costin and laws the Sut of New Yor, Paints wee deprived oftheir nd sate constintona and New York Ste common lags wien police ocr ofthe Now Yok Police Deparment NYPD") nd employees of the New York City Deparment of Saison *DSNY") (ogether “Cie Depart, ting urna to policy and on the auoy of New York City Mayor Michel Bloomberg nd ner he drecion of Commissioners Raymond Kelly and John Dake, conducted suprise nighttime raid of ZueotPck, aka, “Liberty Pak” (he “Pa, 2. Asp ofthe i te City Deparment ied and retained possesion ot personal ropary belonging to OWS, inline approximately 3.500 took fm OWS's People’s Library (People's itary” othe “Litay”), aswell as vaious Libary fishngs, comptes an other lestonic equipment (ibaySmishings and equipment). Only 1,003 of te at east approximately 3,600 book tht were sized were recovered; more of the recovered books, 201 wee so damaged whl inte possession fhe Cy of New Yok tat Shey were me ntl. Thus, eas approxnstely 2.798 books wee never wtmed or were damaged and made usable, Almos all he Library fishing and equipment hat were seized by Defendants were no etredo ered nan unssble conn. To is day, OWS has no been Wl bythe Cy of New York what happened othe missing books a Lieay furnishings an equipment Upon infomation and ble misngboks were destoyed ss partof the raid, Upon information and elite ad was auras by Mayor Bloombeig and xc by Kbm Doe an Richard Roe and ters present ukaown o Paint ohn Doe nd Richard Roe eal”) in ie capaci, employes and fr agents ofthe City eparnens, except for he cond elated to Plt’ equs for punitive damages sore particle forth below‘TURISDICTION AND VENUE 3. ‘This action is brought pursuant to 42 U.S.C §§ 1983 and 1988, and the First, Fourth and Fourteenth Amendments othe Constitution ofthe United States. This Court has jurisdiction of the action pursuant to 28 US.C. §§ 1331, 1343(0)3), and 1343(0(4) as this is 4 civil action arising under the Constitution of the United States and the laws of the United States. This Court as jurisdiction to declare the rights ofthe parties and to grant all further relief deemed necessary and proper pursuant to 28 U.S.C. $§ 2201 and 2202. This Court has jusisdiction over the supplemental claims arising under New York State law pursuant o-28 USC. $1367). 4. Venue is proper forthe United Stated District Court forthe Soutbem District of New York pursuant to 28 US. § 1391 (1), (6), and (c) because the clams arose in this distil ‘PARTIES 5. Plaintiff OCCUPY WALL STREET is an unincorporated association. It ‘wings this action by and through Christine Crowaher and Diego Iba, as its defacto teases. Persons associated with OWS come from different backgrounds, including elderly and young People, those with college and gradvate degrees and those without formal schooling, ad those ‘with jobs and those who were lad off and are otherwise unemployed. These people come from all racial and ethnic groups and many religions including Christianity, Jadsism and Islam. 6. Accentral tenet of OWS is thatthe growing income inequality inthe United States is unjust, unacceptable, and must be rectified. OWS has petitioned the government ‘to redress this grievance through demonstrations in New York City and throughout the county.